- (1.) The petitioners, who are husband and wife, were allotted booth site No.85, Sector 6, Urban Estate, Panchkula vide allotment letter dated 29.9.1989 (Annexure P-1). This allotment was made on the basis of open auction conducted by the HUDA on 14.9.1989. The petitioners gave highest bid for a sum of Rs.4,16,000/- for the said plot. 10% amount of the sale consideration, i.e., Rs.41,600/- was deposited by the petitioners at the fall of hammer and the 15% amount, i.e., Rs.62,400/- was paid on 30.10.1989. As per the allotment letter, the remaining 75% amount was to be paid by the petitioners in ten half-yearly installments of Rs.31,200/- with interest. The detail of the installments, as given in the allotment letter, is reproduced as under:- JUDGEMENT_983_LAWS(P&H)8_2013_1.html
(2.) Undisputedly, the petitioners paid first installment of Rs.46,800/- with interest. However, the subsequent installments could not be paid by the petitioners. Thereupon, the petitioners were issued notices under Section 17(1) of the Haryana Urban Development Authority Act, 1977 (for short 'the Act') on 7.3.1991, under Section 17(2) on 28.10.1991 and under the same sub-section again the notice was issued on 9.3.1992, but in response to the aforesaid notices, the petitioners could not deposit the due amount of installments. Thereafter, again notices were issued to the petitioners under Section 17(3) on 6.5.1992, under Section 17(4) on 4.6.1992, under Section 17(4) on 25.6.1992 and under Section 17(3) of the Act on 14.7.1992. Again in response to those notices the petitioners did not deposit the due amount. In the months of August and September, 1992 again three different notices were issued to the petitioners under Section 17(4) of the Act for depositing the outstanding amount. But, in spite of those notices also, the petitioners did not clear the outstanding amount. Ultimately, vide order dated 13.11.1992 (Annexure P-12) passed by the Estate Officer, HUDA, Panchkula the plot allotted to the petitioners was ordered to be resumed with forfeiture of Rs.41,600/-.
(3.) Feeling aggrieved against the aforesaid order, an appeal was filed by the petitioners on 11.12.1992 (Annexure P-13), but the said appeal remained pending for ten years and ultimately vide order dated 11.06.2002 (Annexure P-20) the same was rejected. Before the Appellate Authority an option was given to the petitioners to deposit all the outstanding dues, but the petitioners were not in a position to deposit the same, therefore, they showed their willingness to get refund of the amount deposited by them after deduction of forfeited amount.;